Madhya Pradesh High Court
Manoj Raghuvanshi vs The State Of Madhya Pradesh on 20 June, 2016
MCRC-9637-2016
(MANOJ RAGHUVANSHI Vs THE STATE OF MADHYA
PRADESH)
20-06-2016
Shri Jayant Neekhra, Advocate for the petitioner.
Shri Ajay Tamrakar, P.L. for the State.
Case diary is perused.
Learned counsel for the rival parties are heard.
This is first application under Section 438 of Cr.P.C. for
grant of anticipatory bail. The petitioner apprehends arrest in
connection with Crime No.143/2013 registered at Police Station
Sanchi, District Raisen, for the offence punishable under sections
419, 420, 467, 468, 470, 471, 120(B) of IPC.
The allegation of cheating and forgery is made. The Central
Bank of India, Sanchi Branch sanctioned loan under the KCC
Scheme to the farmers. The loan was granted for establishment of
some agricultural equipments on the land. It was in the year 2009.
Subsequently, petitioner submitted quotations and the equipments
were not installed on the land. However, the applicant was issued
the notice in the year 2016 after a period of near about seven years.
On query, learned counsel for the State has stated that there
is no record in the case diary that any proceedings under Section 82
of Cr.P.C. were conducted against the petitioner. Another co-
accused Hari Tiwari has been granted bail under Section 438
Cr.P.C. by this Court vide order dated 12.05.2016 which reads
thus:-
"12-05-2016
Shri Manish Datt, learned senior counsel with Shri Manish
Kumar Tiwari, learned counsel for applicant.
Smt. Shobhana Sharma, learned Dy. Government
Advocate for the non-applicant/State.
Case Diary is perused.
Learned counsel for the rival parties are heard.
This is first application under Section 438 of Cr.P.C. for
grant of anticipatory bail. The petitioner apprehends arrest in
connection with crime No.143/2013 registered at Police Station-
Sanchi, District Raisen, for the offence punishable under sections
419, 420, 467, 468, 417, 471/34 of IPC.
Learned Public Prosecutor for the State opposed the
application and prayed for its rejection by contending that on the
basis of the allegations and the material available on record, no
case for grant of anticipatory bail is made out.
The allegation of cheating and forgery is made. The
applicant is a retired Bank Official of the concerning bank is
alleged with cheating and forgery to make fake Kisan Credit Card
in extending loan amount. The fact of cheating is yet to be
established and there is no possibility of the petitioner fleeing from
justice.
Considering the above facts and the nature of offence,
certain stringent conditions are imposed while granting
anticipatory bail to the applicant.
Accordingly, without expressing any opinion on merits of
the case, I deem fit appropriate to allow this application under
section 438 of Cr.P.C. in the following terms.
It is hereby directed that in the event of arrest, the
petitioner shall be released on bail on furnishing a personal bond
in the sum of Rs. 1,00,000/- (Rs. One Lac only) with two solvent
sureties each of Rs.50,000/- to the satisfaction of the Arresting
Authority.
This order will remain operative subject to compliance of
the following conditions :-
1.The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the investigation/trial, as the case may be;
3. The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The petitioner shall not commit an offence similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary adjournments during the trial; and
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The petitioner shall first appear before the concerning Investigating Officer on 23/05/2016 and thereafter shall mark his presence twice week till conclusion of the investigation.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules."
Considering the above facts and the nature of offence, certain stringent conditions are imposed while granting anticipatory bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, I deem fit appropriate to allow this application under section 438 of Cr.P.C. in the following terms.
It is hereby directed that in the event of arrest, the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs.50,000/- to the satisfaction of the Arresting Authority.
This order will remain operative subject to compliance of the following conditions :-
1. The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the investigation/trial, as the case may be;
3. The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The petitioner shall not commit an offence similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary adjournments during the trial; and
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The petitioner shall first appear before the concerning Investigating Officer on 07/07/2016 and thereafter shall mark his presence twice week till conclusion of the investigation.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(S.K. Gangele) Judge psm